Court : Allahabad
Reported in : (1909)ILR31All176
..... as to pass even his son's interest therein, while section 38 (in error described as section 34) of the transfer of property act provides that' where any person authorized only under circumstances in their nature variable to dispose of immovable property, transfers such property for consideration, alleging the existence of such circumstances, they shall as between the transferee on the one part and other persons ..... their consent to a gift, and the like or while brothers are so and continue unseparated; even one person, who is capable, may conclude a gift hypothecation, or sale of immoveable property, if a calamity affecting the whole family require it, or the support of the family reader it necessary, or indispensable duties, such as the obsequies of the father or the ..... 's case. on the contrary they seem to mo to have guarded themselves against the suggestion that the clear and explicit rule of the mitakshara which precludes the alienability of immovable property by a coparcener without the consent of his coparceners had been repealed or might be treated as a dead letter.30. for the foregoing reasons i am of opinion that ..... appeared that the father's debt had been incurred without justifying necessity and it was held that as between the infants and the execution creditor neither they nor the ancestral immovable property in their hands was liable for the father's debt, but that as regards the judgment debtor's undivided share in the estate sold whether or not his own alienation .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1988KAR748; 1988(1)KarLJ335
..... between the transferee on the one part and the transfer or and other persons (if any) affected by the transfer on the other part, be deemed to have existed, if the transferee, after using ..... in hanoomanpersaud's case has been embodied in section 38 of the transfer of property act. that section since the amending act 20 of 1929 has become applicable to hindus, it runs thus : 'where any person, authorised only under circumstances in their nature variable to dispose of immovable property transfers such property for consideration, alleging the existence of such circumstances, they shall, as ..... by the transferee of the existence of a necessity to support an alienation applies as well in the case of simple loans or other transactions which are not transfers of property.'13. on 15-3-1969 the first mortgage came to be executed for rs.5,000/-. the reasons for the same mentioned therein' are the court litigation ..... partition of agricultural lands shall be got effected through the deputy commissioner under section 54 of civil procedure code. the preliminary decree be transmitted to him. in respect of other properties the same shall be effected through a court commissioner.(iv) the plaintiffs will also be entitled to mesne profits in respect of their shares from defendants 3 and 4 .....Tag this Judgment!
Court : Karnataka
..... that a combined reading of section of 2(a) and 2(jj of the act, the amended provision of conveyance, the definition of immovable property, transfer of property makes it clear that every instrument bjr which whether movable or immovable property is transferred which does not amount to 'conveyance of sale' and which is not otherwise specifically provided for by the schedule, constitutes a 'conveyance'. ..... duty and get it registered. it is only because the right., which they were conveying is the right arising out of an immovable property and the benefits arising out of the land and the building, it constitutes 'immovable property' and at best, transfer of such rights constitutes 'conveyance' and the stamp duty and registration fees was payable. 11. in this background, when the ..... the land and buildings, but also includes the benefits that arise out of land and things attached to the earth. the word 'immovable property' found in the karnataka stamp act includes buildings, right to ways, air rights, development rights, whether transferable or not. on facts, it was noticed by the division bench that if the members had no right to ..... 'immovable property' and if they are conveying that right to third parties and if the said transaction does noi constitute 'conveyance', there was no need .....Tag this Judgment!
Court : Mumbai
..... to be effected by a registered instrument. 14. an agreement of sale or purchase would always be required to be a registered document as it contemplates a transfer of an immovable property. in this case the transfer of property is from the builder to the mother of the applicant. it is, therefore, not a document which is an evidence of a collateral transaction which is ..... his contention that the share certificate evidencing the allotment of shares in the society is not registrable would stand to reason. indeed a share certificate does not contemplate a transfer of an immovable property worth rs.100/- or more and, therefore, is not registrable even under section 17 of the registration act, 1908. 4. mr. kanade relied upon the case of ushaarvind dongre ..... be received in evidence of the oral transaction between the parties under which they agreed to transfer the suit property from one party to another. this is not one such case. this is a case not of oral transaction. it is a case of ownership of an immovable property which can be evidenced only by a registered deed of sale. consequently there is no ..... society. the flats are allotted for occupation to the members of the society. consequently simplicitor upon the share certificate showing the allotment of shares by the society which owns the immovable property, the applicant cannot raise the attachment. the applicant can only show the shares allotted to him for occupation as a member of the society. it has been held in para .....Tag this Judgment!
Court : Chennai
Reported in : 3Ind.Cas.701
..... as lessees are entitled to possession and profits on the one hand and bound to pay rent on the other, and under section 108 (6), transfer of property act, a lessor is bound, in the absence of a contract to the contrary, at the lessee's request to put him in possession of ..... of section 17 whether they relate to leases or not.9. we think that the objection for want of registration under section 107 of the transfer of property act fails similarly as that section does not apply to decrees and orders.10. the next contention is that the defendants are not bound to ..... village officers and also, though not usually, by a general proclamation addressed to the ryots or others in occupation giving' notice of the transfer and requiring them to attornment and pay rents to the transferee, which, as will be seen, is very like what the defendants' father stipulated for in ..... .k 587 that according to the common law of the land which especially prevails in zeminduri and similar estates, the delivery of possession when the owner transfers the estate or a portion thereof by sale, gift, lease or otherwise, is by the issue of orders or notices to the karnamn or other ..... it had ' referred to or narrated these terms of the compromise, would have been judicial evidence, available to the appellant, that the respondents had agreed to transfer to her the moiety of land: now in dispute.' in our opinion this passage clearly means that the compromise could have been enforced, although not registered, .....Tag this Judgment!
Court : Kolkata
Reported in : (1899)ILR26Cal222
..... -holders were entitled to take out execution against the surety.5. a further point is taken that the surety-bond was a mortgage of immovable property, and that, having regard to the terms of section 59 of the transfer of property act, such a mortgage could only be enforced if it had been registered and attested by at least two witnesses. i understand this ..... is nothing to warrant the decree being executed in this case against the surety; and, secondly, that the bond is altogether bad being in contravention of section 59 of the transfer of property act read with section 68 of the evidence act.14. as to the first point, what is urged in support of it is, that the respondent did not become ..... decree-holders answer this argument by saying that they do not rely on the document as a mortgage; they are not setting up any right to a charge on the property mentioned in the mortgage, but they say it is evidence of a money debt for which the surety made himself personally liable. the surety then contends that section 68 of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
..... considering the first point which arises in these cases.transfer of property act : invalid transfers:17. chapter ii of tp act contains two parts. part-a deals with 'transfer of property whether movable or immovable' (sections 5 - 34). part-b deals with 'transfer of immovable property' (sections 38 to 53a). a transfer as defined by section 5 of tp act is conveyance of property by one living person to one or more living ..... by alleged true owners that the registered sale deeds were brought into existence by playing fraud by persons who had no such authority and who are not entitled to transfer the immovable property. there are also cases where allegation of non-payment of sale consideration is made. insofar as first category of cases is concerned, the second point for consideration would ..... more reasons for this conclusion are discussed in part iv of this judgment.part - iv41. it is a misconception to assume that whenever there is an instrument evidencing transfer of immovable property, a person has to seek a decree for cancellation of such instrument. this remedy has its own limitations. it is also a misconception to assume that the owner ..... indian stamp act as amended by the stamp (a.p. amendment) act, 1922, cancellation deed is one of the legal documents recognized in law and a transaction for transfer of immovable property, is no exception.effect of fraud on public authorities67. the question may also have to be examined from the point of view of administrative law. needless to point .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1951Bom127; (1951)53BOMLR363; ILR1951Bom692
..... .'in spite of this comment the fact does remain that for the purposes of the applicability of section 53a, t. p. act, the learned judge treated a lease of immovable property as a transfer of immoveable property & that is enough for the purposes of this case before us.9. we may also refer to a decision of the allahabad h. c. reported in shyam sundar ..... their purposes to go into that aspect of the case & they therefore let it well alone. the question, however, to consider is whether what is the subject matter of the transfer in immoveable property within the meaning of the definition thereof contained both in the t. p. act & the general clauses act & if on a true appreciation of the whole position one comes ..... of chap. ii, a considerable difficulty would be caused by not applying provisions like those in sections 43, 62, etc., to such a transfer. we must, therefore, hold that the transfer of immoveable property contemplated by section 53a includes a transfer by lease.'10. having regard to all the considerations which we have set out above, we have come to the conclusion that the lease ..... specifically stated that a lease of immoveable property is a transfer of an interest in such property, but it is defined as a transfer of a right to enjoy such property, it does not follow that the transfer of the benefit to arise out of land, viz., the right to enjoy the immoveable property, is not a transfer of an interest in immoveable property. an interest in immoveable property can be acquired by a .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1996(3)ALT384
..... the indian stamp act is more elaborate in its expression than section 2(b) of the specific relief act. the reason appears to be that whenever an instrument intending to transfer immoveable property has to be examined for the purpose of charging stamp that may require more elaboration than the document purporting to create a right in the enactments like specific relief act ..... omitted in the preamble of the indian contract act 1872. therefore, it must be concluded that in the first place a settlement as a mode of transfer of immoveable property should be read as part of transfer of property act by virtue of section 5 of the act and even assuming that it does not form part of the same, the act being not exhaustive ..... the second defendant in favour of first defendant it is sought to be adopted as a mode of transfer of immoveable property. settlement is not one of the modes of transfer incorporated in the transfer of property act like sale under section 54 of the transfer of property act, mortagage under section 58, charge under section 100, lease under section 105, exchange under section 118, gift under section ..... section 17 of the registration act subject to section 49 of the registration act are to be complied with. unless that is done, no sale of immovable property is complete. neither section 54 of the transfer of property act nor the concluding part of it dealing with the contract for sale nor sections 17 and 49 of the registration act has any reservation in .....Tag this Judgment!
Court : Delhi
Reported in : ILR1992Delhi540
..... under explanationn (1) appended to section 10 of the specific relief act, the court shall presume, unless and until the contrary is proved, that the breach of a contract of transfer immovable property cannot be adequately relieved by compensation in money, this issue does not call for any determination. issue no. 25(71) under this issue, it is to be dctermined whether ..... of the contract. explanationn (i) to section 10 specific relief act directs that the court shall presume, unless the contrary is proved, that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money. beyond saying that the grant of compensation in money will be adequate, none of the defendants has brought out any circumstance on ..... to & contract to transfer immovable property.. the court is actually to decide after a careful consideration of the agreement, the principal object sought to be achieved by it. according to the learned counsel, the principal ..... to ii and whether this agreement is capable of being specifically enforced. learned counsel for the plaintiff submitted that the agreement in suit is, in effect, a contract to transfer immovable property and such a contract is specifically enforceable under section 10 of the specific relief act. it is further urged that it is not necessary' to give a name of label .....Tag this Judgment!